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Judgment
B.S. Indrakala, J.—Heard the learned Counsel for the appellant. On perusal of the impugned judgment and award, it is seen that the said claim petition was preferred seeking compensation on account of the injuries said to have been sustained by the claimant in a motor vehicle accident which occurred on 04.12.2006 wherein the bus bearing Registration No. MYN-5819 belonging to the 1st respondent and insured with the 2nd respondent was involved. The claimant had sustained two lacerated injuries and fracture of lower end of radius. Further, it is seen that she was aged about 35 years as on the date of the accident. She was hospitalized for 2 days and the Tribunal assessing the income of the claimant at Rs. 3,000/- p.m. and considering the evidence of the doctor who treated the claimant, deemed it fit to award a sum of Rs. 50,000/- in all with interest @ 6% p.a. from the date of petition till realization.
The claimant filed this appeal seeking enhancement. Since there were office objections, pre-emptory order was passed on 23.10.2009 granting two weeks time for compliance of office objections failing which the appeal shall stand dismissed without reference to the Court and since the office objections were not complied with, the appeal stood dismissed.
Now I.A. No. 1/14 is filed seeking condonation of delay of 1508 days in filing the recalling application and I.A. No. 2/14 is filed seeking recalling of the order dated 23.10.2009.
Considering the said circumstances i.e., number of days of hospitalization, nature of injuries sustained, amount of income assessed at Rs. 3,000/- p.m., the amount so awarded at Rs. 50,000/- along with interest @ 6% p.a. from the date of petition till realization by the Tribunal is just and proper and the same does not call for any interference. Even otherwise, the delay in preferring I.A. No. 2/14 is not explained properly and accordingly, I.A. Nos. 1/14 and 2/14 and the appeal are dismissed as devoid of merits.